Here's a couple of articles I found on PhotoAttorney's blog that are of interest to this topic:

http://www.photoattorney.com/2006/09/no-bull-dont-shoot-that-copyrighted.html

http://www.photoattorney.com/2005/04/know-your-rights-and-limitations-when_23.html

She says this:

In general, if property is visible and can be photographed from a public place, you don't need a property release to use the image in any manner. This exclusion to copyright law includes buildings located on the property, but not statues or other items that may have separate copyrights. There also are restrictions on some governmental property for security purposes, such as federal seals and insignia, and military or nuclear installations. But if the statue or copyrighted item has minimal presence in your image, your photo still may fall under the exclusion.  Otherwise, you must get permission to use the image for commercial purposes.

In the case of your image, I wouldn't say the copyrighted item has minimal presence in your image ;) so I personally don't think it would fall under the exclusion if the statue is copyrighted.  In the example of a photograph of a car for sale that happens to be parked in front of a building that is copyrighted, I'd say it might fall under the exclusion because the building isn't the main subject of the photograph.  Besides, I'm not sure this kind of photo would be considered an artwork or a derivative whereas the photo of the statue with the work that has been done on it clearly is...

It almost sounds like she's saying that you only need to get permission if you're going to use the image commercially, but I've personally always heard that wether for commercial use or not, if it's published (wether displayed on the internet is considered published or not is another can of worms me thinks...) or redistributed even if you don't make a cent off it, you're infringing...  But, since you're not making money off it, since you give credit and aren't offering it for other people to use as they see fit, maybe this would be considered fair use?

She also says about taking photos of statues:

In the meantime, get permission from copyright owners before shooting their work or they may first see red and then later green.

This pretty much means that taking photos of  sculptures might be a bit risky...  ;)

Have a look at her other articles, there's some interesting stuff in there!  :)

Lucie
finfond.net
finfond.net (store)